Legal Opinion

Trujeque v. Service Merchandise Co.

New Mexico Supreme Court

Decided March 29, 1994No. 20368PublishedCited by 11 opinions

1Opinion of the Court

OPINION

RANSOM, Justice.

Carmen Trujeque sued Service Merchandise for injuries sustained when a chair that Service Merchandise provided for customers collapsed as Trujeque sat down. The trial court instructed the jury on res ipsa loquitur, and the jury returned a special verdict for the defendant. The Court of Appeals affirmed in an unpublished opinion. We issued a writ of certiorari to review the error alleged to have occurred when, in response to a question from the jury foreman, the trial judge instructed the jury on the meaning of the term “exclusive control.” Because we find that the…

2Cases cited25 opinions

  1. Sweeney v. ErvingSupreme Court of the United States · 1913
  2. Rose v. Melody LaneCalifornia Supreme Court · 1952
  3. Chenall v. Palmer Brick Co.Supreme Court of Georgia · 1903
  4. Archibeque v. HomrichNew Mexico Supreme Court · 1975
  5. Hepp v. Quickel Auto & Supply Co.New Mexico Supreme Court · 1933

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3Cited by11 opinions

  1. Black Hills Aviation, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 1994
  2. Mireles v. BroderickNew Mexico Supreme Court · 1994
  3. Black Hills Aviation, Inc. v. United StatesCourt of Appeals for the Tenth Circuit · 1994
  4. State v. MunozNew Mexico Supreme Court · 2006
  5. Romero v. Truchas Mutual Domestic Water Consumer & Mutual Sewage Works Ass'nNew Mexico Court of Appeals · 1995

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